TRADITIONAL LEADERSHIP AND AUTHORITY VS LOCAL …

TRADITIONAL LEADERSHIP AND AUTHORITY VS

LOCAL GOVERNMENT The Coexistence of Traditional and Local Governance Structures in a

Democratic Dispensation: Challenges & Successes13-14 SEPTEMBER 2018 POTCHEFSTROOM

MAGESHNEE IYER , City of uMhlathuze, KZN

WHERE IS City of

uMhlathuze?

We are HERE…

Sunny skies, blue beaches. Come visit

OBJECTIVE• To address the legislative gaps in the National Building

Regulations in traditional areas

• Strengthen the role of Local Government in traditional

areas

TRADITIONAL LEADERSMUNICIPALITIES

3

Addressing the SHORTCOMINGS in the

National Building Regulations

to strengthen the role of Local Government in

Traditional Areas

Ingonyama Trust

owns just over

30% of KZN…

4

… and

51.73% of

City of

uMhlathuze

TRADITIONAL LEADERSHIP AND AUTHORITY VS LOCAL GOVERNMENT The Coexistence of Traditional and Local Governance Structures in a Democratic Dispensation: Challenges & Successes

NATIONAL BUILDING REGULATIONS

History of Building Control in South

Africa Pre-1994

NATIONAL BUILDING REGULATIONS, 1977 (Act 103 of 1977)

“to provide for the promotion of uniformity in the

law relating to the erection of buildings in the areas of jurisdiction of local authorities; for the

prescribing of building standards; and for matters connected therewith”.

Relevance of the building control

legislation Post 1994

5TRADITIONAL LEADERSHIP AND AUTHORITY VS LOCAL GOVERNMENT

The Coexistence of Traditional and Local Governance Structures in a Democratic Dispensation: Challenges & Successes

SHORTCOMINGS OF THE ACT

CATEGORY 1 Buildings in NBR “to make buildings affordable to the poorer communities”

vs

What is RATIONAL DESIGN?How does it affect the building process?



Constitutional non-complianceConstitution of the Republic of South Africa, 1996 (Act No.108 of 1996).

Bill of Rights. Chapter 2. Section 24-

ENVIRONMENT Everyone has the right to an environment that is not harmful to their health or

wellbeing;

FINDINGS : Legislative Gaps



Interpretation of the ActAre the State and Organs of State

(Traditional Settlement Areas)

EXEMPT from building plan submission ?

CONSEQUENCES OF

LEGISLATIVE GAPSA snapshot of problems encountered

by Building Control Officials

UNSAFE STRUCTURES:

Building over, under and close to water, sewer, stormwater or

electrical services are a common problem encountered by

building control officials.



FIRE : March 2017, Hout

Bay informal settlement

Imizamo Yethu in Cape

Town

FLOODING : December

2016, hundreds of

residents of Ulana informal

settlement in Gauteng

MUD STRUCTURES : 2018, A

dilapidated mud school

structure. Ntsizwa Senior

Secondary School about 25km from Mount Ayliff,

in the Eastern Cape 9

DISASTERS DUE TO UNSAFE STRUCTURES

eSIKHALENI -

Mzingwenya informal

settlement along the

stream bank on the

flood plain

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DISASTERS in City of uMhlathuze TRADITIONAL AREAS

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eSIKHALENI- Structures built over and under

reticulation


STRUCTURES STRADDLE SURVEYED BOUNDARIES, BUILT OVER RETICULATION AND TOO CLOSE TO ROAD RESERVES 12

BUILDING STRUCTURES NOT IN LINE WITH MUNICIPAL ZONING



Mandlazini Agri-

village encroaches the Richards Bay

airport buffer zone

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The building

supply warehouse

27 Wanda Cele

Road, Amanzimtoti

eThekwini Municipality

Is the LAND ALLOCATION SYSTEM in Traditional Areas being ABUSED ???

Very large

beautiful homes

in traditional

settlement

areas;

• No rates bill

• No business

licence

• No planning

permission or

consent

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WOW….


Residents of TRADITIONAL AREAS are being NEGLECTED by

Local Authorities... NO supervised building construction AND building plans

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How do we as Local Authorities

introduce ourselves to the

Traditional area community?

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TRADITIONAL LEADERS

LOCAL AUTHORITIES




HOW does the Traditional area community

benefit from Building Control Measures?

BUIDING CONTROL SEEKS TO GUIDE AND ADVISE ON :

• Proper construction methods and HARMFUL materials

• Topographical information on flood lines, wetlands

and soil conditions

• Where water and electrical reticulation is present

• Building of proper septic tank sewer systems

• How to protect and preserve traditional graves

SAFE BUILDING PRACTICES :

Protect and Increase value of investment

Insurance and collateral

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• BUILDING CONTROL BYLAW CREATED TO

BRIDGE THE GAPS

• ROADSHOWS & PUBLIC PARTICIPATION

• BUILDING CONTROL HANDBOOK FOR

REFERENCING

In the PROCESS…


The custodians NBR need to close the legislative gaps.

HOW? By designing building control methods that are more

“RURAL FOCUSED” AND CULTURE BASED

Custodians of the NBR need to clear misinterpretation regarding state plans and dispense info to all Municipalities.

Municipalities need to be more proactive with their approach

to Traditional Areas if they wish to improve living conditions

for all in South Africa

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CONCLUSION


T hank YouFor listening

ANY QUESTIONS?



TRADITIONAL LEADERSHIP AND AUTHORITY VS LOCAL …

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